For many Americans, work is one of the most dangerous places to be. This is true even though we have a host of federal laws, state statutes and industry regulations and guidelines intended to keep us safe.
Whether it is a construction accident, a slip-and-fall or workplace violence, the Fort Lauderdale work injury lawyers at The Ansara Law Firm are committed to helping you maximize your compensation.
When it comes to workplace injuries, there are sometimes numerous avenues you can explore for compensation. These include:
- Workers’ compensation benefits.
- Employer liability (where employer does not have workers’ compensation insurance).
- Third-party liability.
- Product liability lawsuit (defective machine/ equipment/ vehicle or toxic product).
- Uninsured/ Underinsured auto coverage.
- Social Security Disability Insurance benefits.
Collection of one type of benefit or compensation could have a major impact on another, so it’s important to have a lawyer help you determine the best way to proceed.
Some of the common claims that the work injury attorneys at our Fort Lauderdale firm handle include:
- Injuries due to car accidents or truck accidents.
- Injuries from falling objects.
- Injuries caused be defective products.
- Injuries caused by slip-and-fall or trip-and-fall.
- Injuries due to repetitive motion (i.e., carpal tunnel syndrome).
- Injuries resulting from workplace violence.
- Occupational diseases (i.e., mesothelioma, lead poisoning, skin cancer, radiation sickness, etc.)
Our attorneys have decades of experience and success in handling multi-million dollar cases.Florida Workers’ Compensation
When you are injured at work, there can be chaos and confusion and uncertainty about how to proceed.
To properly preserve you claim, we recommend first and foremost that you seek medical attention. You need to make sure you’re Ok and take whatever steps are necessary to minimize the chances of your conditioning worsening.
From there, we recommend reaching out to a Fort Lauderdale work injury attorney experienced in workers’ compensation law. Our workers’ compensation lawyers can help you navigate what can sometimes be a frustrating and complex process.
Workers’ compensation is an agreement – a “grand bargain” as it was labeled when first established – between employers and employees. The deal is this: An employee is to receive no-fault medical benefits and certain financial assistance for injuries that occur in the course and scope of employment. In exchange, employees forfeit the right to file a personal injury lawsuit against the company.
Almost all employers in Florida are required to carry workers’ compensation insurance. These benefits will entitle you to receive compensation for:
- Doctors’ visits
- Physical therapy
- Medical tests
- Lost wages while you are unable to work (a portion of it, anyway)
- Vocational training
- Death benefits/ funeral expenses (for dependent family members who have lost a loved one in a work injury or accident)
Work related injuries need to be reported to an employer as soon as possible, but no later than 30 days either from the date of the injury or the time at which your doctor informed you your injury/ condition was work-related.
Florida workers’ compensation law is found in F.S. 440, and covers everything from which companies are required to carry coverage to time limits for filing claims to how workers’ compensation orders can be modified.Filing a Florida Workers’ Compensation Claim
There are pros and cons when it comes to workers’ compensation claims versus other types of injury claims. On the one hand, the burden of proof for workers is much lower than in a typical personal injury lawsuit. A workers’ compensation claimant does not need to show the employer was negligent in order to collect damages. In fact, in a lot of cases, it was the worker who erred. Additionally, only a portion of cases will need to go before a judge. Some employers will concede coverage right away. Others will settle relatively quickly, once they know the employee is represented by an attorney.
However, it’s not unusual for insurers to deny claims, dispute the scope of the worker’s injuries, reject the worker’s status as an “employee” (independent contractors aren’t entitled to benefits) or argue the injuries were not work-related. In fact, this is relatively common. That’s why it’s so important to have an experienced work injury lawyer in Fort Lauderdale helping with your claim, and any subsequent modification or termination requests that may arise.
It should also be noted that workers’ compensation benefits probably aren’t going to cover all of your losses. Generally, it should cover all medical expenses related to your workplace injury – including aggravation of a pre-existing condition. However, you will only be able to collect up to two-thirds of your previous average weekly salary. Additionally, unlike in a typical personal injury lawsuit, you will not be able to pursue damages for pain and suffering or loss of consortium. This is why we often recommend exploring other avenues of compensation if they are available.
Contact Fort Lauderdale Injury Lawyer Richard Ansara at The Ansara Law Firm, by calling (954) 761-4011 for a free consultation.